Opinion
J-S71017-16 No. 315 EDA 2016
10-11-2016
IN THE MATTER OF: L.E. A/K/A L.G.E., A MINOR APPEAL OF: N.E., MOTHER
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered December 22, 2015
In the Court of Common Pleas of Philadelphia County
Family Court at No(s): CP-51-DP-0003116-2015 BEFORE: BOWES, J., PANELLA, J., and FITZGERALD, J. MEMORANDUM BY PANELLA, J.
Former Justice specially assigned to the Superior Court.
Appellant, L.E. ("Mother"), appeals from the December 22, 2015 order that found N.E. ("Child") (born March 2013), was not dependent, and that Child was a victim of abuse by Mother. The order also transferred legal and physical custody of Child to R.G. ("Father"). We affirm.
On [September 5, 2015], Mother went to work and called [J.M.], the father of [Child]'s sister, to watch [Child] and his older sister. On [September 6, 2015], at approximately 7:30 a.m., Mother noticed scratch marks on the top of [Child]'s hand and swelling of his right ear. Mother testified that [Child] had bruising on his face and a scratch on his forehead before she went to work on [September 5, 2015]. She testified that he had fallen on [September 3, 2015], at the park, and that he fell [on September 4, 2015] in the bathroom, both of which caused the scratches and bruising on his face. She also testified that the swelling in his right ear was caused when he fell tripping over
the threshold at his sister's grandfather's house. Mother then stated that she believed that [Child] had an allergic reaction on the night of [September 5, 2015] that caused the swelling in his ear.
On [September 7, 2015], at approximately 12:00 a.m., Mother brought [Child] to the emergency room at Einstein Medical Center. When Mother brought [Child] to the hospital, she told hospital staff that when [Child] woke up, his ear was swollen and appeared to enlarge throughout the day, and that he may have sustained the bruises and abrasions from roughhousing with his siblings and the children at his daycare.
Later, on [September 7, 2015], [Child] was transferred to St. Christopher's Hospital for Children. Dr. Maria McColgan, the director of the child protection program at St. Christopher's, was consulted by the medical team caring for [Child] because of concern of physical abuses. Dr. McColgan observed that [Child] had severe swelling and bruising of his right ear, bruising on his left ear, bruising and abrasions on his face, bruising on his back and side, and somewhat deep abrasions on the back of his right hand. The hospital found that [Child] did not have an infection that would cause the swelling in his ear, nor did he have a bleeding disorder that would cause abnormal bleeding tendencies. Dr. McColgan determined that the nature of the injuries could not have been caused by [Child] merely falling on the pavement. She found that it is not likely that a [two] year old child would sustain those injuries without some sort of non-accidental trauma, and determined to a reasonable degree of medical certainty that [Child]'s injuries were caused by child abuse.
On [September 8, 2015], [Child] was discharged from the hospital to the care of his maternal aunt, [W.S.]. On the same day, the Philadelphia Department of Human Services ("DHS") social worker Magdalene Bey visited the family's home. Mother told Ms. Bey that [Child] had fallen on the playground, and in the bathroom. Additionally, Mother stated that [Child] was jumping on the bed and hit his head on a radiator cover, and that he was roughhousing with siblings and at daycare. Initially, Mother told Ms. Bey that on the night of [September 5, 2015], her sister, [K.E.] was watching [Child], and [K.E.] corroborated her story. After the safety conference, [K.E.] recanted her statement, and admitted that she had not watched [Child] that night, but rather
... [J.M.] had. [K.E.] stated that she had lied because [J.M.] had a criminal record. She thought DHS was trying to take [Child] from Mother, and it would look bad that [Child] was watched by [J.M.].Trial Court Opinion, filed 3/22/16, 1-4 (citations and footnotes omitted).
Ms. Bey stated that she did not have drug, alcohol, or mental health concerns about Mother, but was concerned about [J.M.], who had posted several photos to Facebook of himself with marijuana and alcohol. Mother stated that [J.M.] did not live in the home, but Ms. Bey observed a conversation between Mother and her maternal grandmother that led her to believe that [J.M.] had been living in the home. Additionally, Ms. Bey stated that she had no concerns for Father, and his home is appropriate for [Child].
On December 1, 2015, DHS filed a dependency petition recommending that Child be committed to DHS. The trial court held a hearing on the dependency petition. Following the hearing, the trial court found that Child was not dependent, but Child was a victim of abuse by Mother and J.M. The trial court also transferred legal and physical custody of Child to Father.
Mother filed a timely notice of appeal along with a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b). On appeal, Mother raises the following issues:
1. [Whether t]he trial court erred in finding child abuse as to Mother[?]Mother Brief, at i.
2. [Whether t]he trial court erred in disposing of this case by awarding custody of [Child] to [Father?]
We note that Mother does not dispute the trial court's reliance on the best interest factors set forth in the Child Custody Act, 23 Pa.C.S.A. § 5328(a), in awarding legal and physical custody to Father. In fact, she states that the court's reliance on the Child Custody Act was proper. See Mother's Brief, at 8. Rather, Mother questions the weight that the trial court gave to its finding that she perpetrated the abuse, which she alleges was an erroneous finding. See id. Mother also contends that the trial erroneously considered J.M.'s suspected drug use, and erroneously considered J.M.'s abuse of Child by including J.M. as a member of Mother's household. See id. at 8-9.
After a careful review of the record, including the notes of testimony, the applicable law, and the arguments of the parties, we conclude that the thorough opinion of the Honorable Glynnis D. Hill, filed on March 22, 2016 pursuant to Pa.R.A.P. 1925(a), addresses the issues raised by Mother, and supports the reasons for the trial court's decision. That decision found Child not dependent, but found that Child was the victim of abuse by Mother and J.M., and transferred legal and physical custody of Child to Father. Accordingly, we adopt the March 22, 2016 opinion of the trial court as our own. See Trial Court Opinion, filed 3/22/16.
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 10/11/2016
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